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HomeMy WebLinkAboutOrd 413-2008 Canvassing the Returns of the November 4, 2008 Special Electionr�z•I.Q:r_i ORDINANCE NO. 413-2008 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A SPECIAL ELECTION HELD IN THE CITY OF ANNA, TEXAS ON NOVEMBER 4, 2008 WHEREAS, the City Council of the City of Anna, Texas ("City Council") called a special election in Ordinance No. 398-2008 to: (1) fill the unexpired term of one City Council member position, City Council Place 6; and (2) consider certain Charter amendment propositions; and, WHEREAS, the City Council has reviewed and investigated all matters pertaining to this election, including the ordering, notices, election officers, holding, and returns thereof; and, WHEREAS, the tabulation of votes cast for the office of City Council member, Place 6, in the Special Election held on November 4, 2008, made and certified by the Collin County Election Administrator, is hereby adopted as the official tabulation filed and recorded in the official records of the City of Anna ("City") as the official canvass of said Special Election for said elected position. The official canvass of the returns of said Special Election reflects the following results: Gene Bowles 388 Constance Ann Stump 191 Becky Glover 668 Molly M. Young 297 WHEREAS, the City Council hereby canvasses the returns of this election, at which there were submitted to all resident, qualified electors of the City for their action thereupon, the following propositions for amendment to the City of Anna Home -Rule Charter: Shall the City of Anna, Texas Home -Rule Charter be amended to establish three-year terms for City Council members and the Mayor and to provide for term, election and vacancy provisions required by the Texas Constitution for three-year terms? Otd. 41340080anva WQ November 4,2008 Special Eleaw.dw 1 1 IMS Proposition 2 Shall the City of Anna, Texas Home -Rule Charter be amended so that a City Council member may not remain in office after his or her terms has expired, even if no successor has been elected and duty qualified? Shall the City of Anna, Texas Home -Rule Charter be amended so that, subject to requirements of the Texas Constitution, the office of an incumbent City official does not become vacant when the official files an application to have his or her name placed on an official ballot as a candidate for any other elective public office? Proposition 4 Shall the City of Anna, Texas Home -Rule Charter be amended so that the Mayor shall count toward a quorum of Council Members required for the City Council to transact business? Shall the City of Anna, Texas Home -Rule Charter be amended to allow the Planning & Zoning Commission to cancel a meeting or refrain from scheduling a meeting during a month when there is no required business before the Planning & Zoning Commission? � Shall the City of Anna, Texas Hone -Rule Charter be amended so that decisions or recommendations by the Planning & Zoning Commission to deny deviations from the City's Comprehensive Plan may be overruled by the City Council by a simple majority vote? WHEREAS, from these returns, the City Council hereby finds that the following votes were cast in the election by voters who were resident, qualified electors of the City: Ont. 413-2008 Canvassing Nov W,t, 2008 spatial EWjon.dm 2 11-10-08 Proposition 1 FOR 1525 AGAINST 475 Proposition 2 FOR 1249 AGAINST 762 Proposition 3 FOR 1445 AGAINST 474 Ont. 413-2008 Canvassing Nov W,t, 2008 spatial EWjon.dm 2 11-10-08 FOR 1350 AGAINST 604 FOR 1474 AGAINST 479 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 2. The City Council of the City officially firms, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, that proper election officers were duty appointed prior to the election, that the election was duty and legally held, that all resident, qualified electors of the City were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the City Council of the City has duly canvassed such returns, all in accordance with the laws of the state of Texas and of the United States of America and the ordinance calling the election. SECTION 3. That the results of said special election be and the same are hereby declared to have been as herein set out, and the following named person is to serve in the positions of City Council Member, Place 6, subject to the taking of the oath of office as provided by the laws of the state of Texas and the City of Anna Home -Rule Charter: Becky Glover SECTION 4. A majority of the resident, qualified electors of the City, voting in the election, have voted FOR the adoption of Charter amendment propositions One, Two, Three, Four, Five and Six. SECTION 5. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this ordinance are hereby repealed to the extent of such conflict, and the provisions of this ordinance shall be and remain controlling as to the matters resolved herein. SECTION 6. This ordinance shall be construed and enforced in accordance with the laws of the state of Texas and the United States of America. Ord. 4132006 Camng November 4,20M Special E"WAec 3 11-10-08 SECTION 7. If any provision of this ordinance or the application thereof to any person or circumstance shall be heli to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 8. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this le day of November 2008. ATTESTED: APPROVED: C' Secretary, Natha Wilkison ayor, Kenneth -Pelham OF •` * Ord.413-20DB Cammq November 4, 2W8 Spedal Elacbm.dw 4 11-10.08